Crawford avalanche. (Grayling, Mich.) 1879-19??, 1887-04-28
lsioux City teleQram.l


Judge Pendleton made the closing argu-
ment to the jury for the defense, and Hon.
M. ID. O'Connell closed for the State. Sat
urday afternoon the case was given to the
Jury. The instructions of Judge Lewis to
the Jury were full and clear, covering ev-
cry point Of law involved in the case. Re-
ferring to the question of conspiracy, the
Judge said the jury may and should take
into consideration all the facts in relation
to the prosecution of liquor cases in the
courts to close the saloons on or before Au-
gust 8, the part that MIR. Haddock had
taken in those prosecutions, the rela-
tions which Arensdorf and his alleged CO.
conspirators sustained to the prosecution,
the appearance of Arendsdorf and his al
legged co-conspirators on the streets on the
night OF the murder, and also the meetings
Of the saloonkeepers at the various halls
prior to that time. Under the indictment,
the Judge held, it was competent to admit
evidence to prove the fact of conspiracy,
and if the jury is satisfied that conspiracy
was formed with which he was con-
nected, evidence of the acts or say
ings of conspirators is admissible wheth-
er defendant was present or not.
In relation to testimony of accomplices,
the Judge instructed that it should be cor
roborated, and the law says the corrobora-
tion must be such as connects or tends to
connect the defendant with the commission
of the crime. 1t may be circumstantial or
by witnesses, but 1t Is not essential that
IL should cover all the matters involved.
In proving an alibi, the Judge held,
the burden Of proof rests upon the de-
| fendant. 1t must be established by pre-
ponderence of evidence, and evidence of
| that nature is TO be critically examined and
weighed, because of the facilities offered
- 20
| In closing the Judge administered severe
reproof to one of the jurors, whose actions
| in court and talk on the streets have been
subjects of comment. The Judge spoke as
| follows:
Gentlemen, at the conclusion of this lengthy
case, and as you are about to retire, ought to
thank you for your promptness in attendance
and good attention. 1 think that no case has
| ever been tried In the courts whore attorneys
| and jurors have made trial more pleasant.
While may say this with regard to the case
| call attention to tho fact that there is one
juror who from the time he was sworn has
| no desire to reach the facts In the case. /
think that have never before seen such an
exhibition OF impatisnce and unrest t as have S,
now 0 that When that 9aTs Sscssdd e
1Ss @portsps In making case Sp as Vefdiss shs ho
/ will see the propriety and justice
Of giving that attention and deliberation which
every fair and honest mind knows that both the
| State and defendant are entitled to- Lost this
| remark may be misapplied In view Of the fact
| that there has been some newspaper comment
| as to the Juror Adair, may say that the remark
| is not intended to in any way apply to him. I
| have been pleased to note that he, with ten
other Jurors, has given good and respectful at
/ tention.
This speech created sensation in court.
| T6e sx1rx int ot Arta lrolr
d. m. Saturday, and remained in seclusiou
until noon Sunday, when Judge Lewis
called them into court and asked them If
they had decided upon q verdict. Foreman
Webster, who was the juror 80 severely
criticised by the Judge in his instructions,
answered that they had not. The
Judge then said he supposed each
of them had decided in his own
mind as to what the verdict should be,
and they replied that they had. The
Judge said that he did not wish to keep the
jury out to punish them, but to give them
time to deliberate. Foreman Webster said
that he did not believe they wanted the
case taken from them yet. There was one
stubborn man on the jury, but he thought
before night they could arrive at q verdict
Juror Dennis O'Connell arose and, address
ing the Court, said that he had made up his
mind in the case In the fear OF God and
without any regard to the favor of man
He had considered the case carefully and
wished 10 do justice as between man and
man and to his country and his God, anC
IL he was kept there three or four weeks
he should not change his opinion. The
Judge said that, this being the condition
of affairs, IL would probably do no goot
to keep the jury out longer, and he &C
cordingly discharged them. This leaves
tha caaa in tho aama condition M IL Wal
before the trial began, so far as th,
court is concerned. There Is considerable
comment on the street upon the action o
the Judge, and the friends of Arensdor
are loud in their denunciation, while other
say that in view Of the statement of Juro
O'Connell he was justified. On the frs
ballot the jury stood ten for acquittal ant
two for conviction. O. G. Goss was th
other juror who voted for conviction, bu
after three ballots he went over to the mn
jority, leaving OConneli alone,